To whom will applications for building control approval be made?
The Building Safety Regulator (BSR) will be the building control body for all higher-risk buildings. You will no longer be able to choose your building control body. The BSR will maintain a register of all registered building inspectors and building control approvers.
Gateways two and three will be the building control regime for higher-risk buildings. Building control approval is required before starting building work; before making significant changes during construction and at the point at which building work is completed. New documents will be required in building control applications.
Building control approval will lapse automatically after 3 years if the building work has not started.
When must building control applications be made and what form will they take?
- Building control at Gateway two:
Gateway two will replace the building control deposit of plans stage. Gateway two applies before the building work starts for higher risk buildings. The Gateway two application is for the BSR's building control approval before the building works start for higher-risk buildings. The application must show how the proposals will comply with building regulations and not as a tick-box exercise. The focus must be on demonstrating building safety based on realistic plans and documents for management, maintenance, behaviours and characteristics of residents and building users once built. Of course management of the construction phase to comply with building regulations and reduce building safety risks must also be presented. A stages plans approach with building control approval limited to the approved stages of work will be available and then applicants will have to submit plans and documents for further stages before embarking on construction of those stages. The Building Safety Levy has to be paid and for more information on this levy, please follow the link to our article on the Building Safety Levy and the Building Safety Charge https://realestate.howardkennedy.com/post/102hger/building-blocks-the-building-safety-bill-the-building-safety-levy-and-the-buil.
- Building control at Gateway three:
At Gateway three, building control approval must be received from the BSR before registering and commencing occupation of a higher-risk building. The applicant's Gateway three application must demonstrate how the building work complies with building regulations to provide assurance that the building is safe to occupy. The Gateway three application must include plans and documents of the "as built" building and such plans and drawings will be part of the "golden thread" of information running through the life cycle of the higher-risk building. It will be possible to have partial completion in which case the completed building will have to meet the Gateway three requirements to show building safety for occupants before the relevant part of the building can be used. If the BSR approves the Gateway three application then it will issue a building control completion certificate and register the building. For more information on registration and certification, please follow the link to our article introducing the BSR https://realestate.howardkennedy.com/post/102hi6r/building-blocks-the-building-safety-bill-what-will-the-building-safety-regulat.
Will the Building Act 1984 be amended?
It is recognized that the Building Act 1984 is insufficient to implement the Gateways two and three requirements and so the Building Safety Bill will make amendments to the Building Act 1984 so that new provisions can be made in building regulations.
How can the Building Safety Regulator follow-up?
It will be an offence to start building work without BSR approval. The BSR will carry out inspections during construction including site inspections and/or information requests. The BSR will be able to undertake tests or take samples of building materials by cutting into or exposing building work and can prohibit the covering of building work for a period.
What should I be checking for on building control compliance?
All those dealing with property due diligence and therefore checking building control compliance for higher-risk buildings, must be aware of the BSR's building control approval at Gateway two (as well as checking which stages of the work this covers and the start date of such work) and the BSR building control approval at Gateway three (checking for partial completion and bearing in mind that the building must not be occupied without Gateway three approval).
This blog is part of a series published by Howard Kennedy LLP on the Building Safety Bill. For more information please contact Sharon Stark or Stuart Duffy. For other blogs on the Bill, please click here
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